Legal and judicial responses to violence against women in Nigeria: a critical analysis of legislative frameworks and case law

Abstract

Despite an expanding body of legislation aimed at prevention and punishment, violence against women (VAW) remains pervasive and deep-rooted in Nigeria. This article critically examines VAW from a structural rather than individual perspective, arguing that, while the existing frameworks are seemingly progressive, they fall short of adequate measures for practical enforcement and victim protection. In this article, some key statutes such as the Violence Against Persons (Prohibition) Act 2015 and relevant case law have been used to highlight structural gaps, anomalies in judicial interpretations, and sociocultural underpinnings that hinder access to justice. By analysing the law’s text, this article demonstrates that VAW is inter alia perpetuated by structures that uphold patriarchal norms, leading to unequal power relations between women and men. It is recommended that laws be enacted to reflect the realities of the day such as addressing psychological and systemic forms of VAW. This article is intended to contribute to the growing body of knowledge on the interplay between VAW, patriarchy, cultural influences, legislative actions, and judicial decisions.